Wiley, Lindsay F.
2010-08-24T18:45:03Z
2010-08-24T18:45:03Z
2009
25 J. ENVTL. L. & LITIG. 203 (2009)
1049-0280
http://hdl.handle.net/1794/10627
40 p.
This Article argues that emphasis on climate change as a
fundamental transformation of our environment that will have
important consequences for human health has the potential to
motivate and shape consensus on mitigation of climate change, while
also improving our global health infrastructure as an adaptation to
climate change impacts. Part II focuses on the global health burden
currently attributable to environmental causes and the anticipated
health impacts of climate change. Part III provides background on
international climate governance under the UNFCCC and the current
status of negotiations. Part IV sets forth an agenda for the integration
of global health concerns into the negotiation of a series of key issues
currently under debate in the international response to climate change
and the national implementation of international obligations. Part V
offers a conclusion emphasizing the importance of involving global
health policymakers in the response to climate change.
en_US
University of Oregon School of Law
Journal of Environmental Law & Litigation : Vol. 25, No. 1, p. 203-242 : Healthy Planet, Healthy People: Integrating Global Health into the International Response to Climate Change
Healthy Planet, Healthy People: Integrating Global Health into the International Response to Climate Change
Article

Hoffmann, Hillary M.
2010-08-24T18:54:10Z
2010-08-24T18:54:10Z
2009
25 J. ENVTL. L. & LITIG. 243 (2009)
1049-0280
http://hdl.handle.net/1794/10628
42 p.
This Article examines the traditional permit qualifications analysis,
explains the role played by the regulations that created it, and argues
that the BLM’s new approach to the qualifications issue has finally
opened the door for nontraditional permittees to a degree not seen
before in over seventy years of federal government regulation of
livestock grazing on public lands. In Part I, this Article introduces the
concept of federal lands ranches and discusses the exclusive club of
federal lands ranchers, who, until recently, controlled the vast
majority of grazing permits. Part II examines the history of livestock
grazing on public domain lands prior to Congress’s passage of the
Taylor Grazing Act in 19345 and the origins of the terminology
contained in the past and present qualifications rules. Part III
discusses the provisions of the Taylor Grazing Act under which the
Secretary of the Interior asserts the authority to create qualifications
regulations. Part IV traces the historical evolution of the
qualifications regulations and discusses the BLM’s current
requirements and approach. Part V analyzes one example of a
modern, nontraditional permittee that became qualified and obtained
grazing permits on environmentally sensitive allotments in Utah and
Arizona under the new model and concludes that this model will
allow the BLM to more easily implement its statutory obligations and
will greatly benefit the federal range.
en_US
University of Oregon School of Law
Journal of Environmental Law & Litigation : Vol. 25, No. 1, p. 243-284 : A Changing of the Cattle Guard: The Bureau of Land Management’s New Approach to Grazing Qualifications
A Changing of the Cattle Guard: The Bureau of Land Management’s New Approach to Grazing Qualifications
Article

Guercio, Lara D.
Duane, Timothy P.
2010-08-24T18:59:56Z
2010-08-24T18:59:56Z
2009
25 J. ENVTL. L. & LITIG. 285 (2009)
1049-0280
http://hdl.handle.net/1794/10629
82 p.
In this Article, we explore how (1) differences in the role of the
ESA for the management of grizzly bear and gray wolf populations,
and (2) changes in the legal regime associated with delisting of the
gray wolf, both affect species conservation and transjurisdictional,
ecosystem-based management efforts in the complex institutional
landscape of the GGR of northwest Montana. We believe the ESA
has played the central role in efforts to implement ecosystem-based
management over the past two decades in a wide range of settings, so
these differences and likely changes in the legal regime are likely to
affect the success of such efforts. The experience of grizzly and wolf
management in the GGR is therefore relevant for the conservation of
wide-ranging predators and ecosystem-based management in other
locations across the United States and within the West.
en_US
University of Oregon School of Law
Journal of Environmental Law & Litigation : Vol. 25, No. 1, p. 285-366 : Grizzly Bears, Gray Wolves, and Federalism, Oh My! The Role of the Endangered Species Act in De Facto Ecosystem-Based Management in the Greater Glacier Region of Northwest Montana
Grizzly Bears, Gray Wolves, and Federalism, Oh My! The Role of the Endangered Species Act in De Facto Ecosystem-Based Management in the Greater Glacier Region of Northwest Montana
Article

Henkels, Diane
2010-08-24T19:06:01Z
2010-08-24T19:06:01Z
2009
25 J. ENVTL. L. & LITIG. 367 (2009)
1049-0280
http://hdl.handle.net/1794/10630
56 p.
The purpose of this Article is to describe the legal options a local
government, private individual, or business might pursue to recover
from a chemical release at a federal facility caused by an emergency
or disaster, as defined by law, or by the negligence of federal
personnel, government contractors, or third parties.
en_US
University of Oregon School of Law
Journal of Environmental Law & Litigation : Vol. 25, No. 1, p.367-422 : When Chemical Releases Occur at a Federal Facility: Navigating the Recovery Labyrinth
When Chemical Releases Occur at a Federal Facility: Navigating the Recovery Labyrinth
Article

Hickey, Valerie
2010-08-24T19:14:20Z
2010-08-24T19:14:20Z
2009
25 J. ENVTL. L. & LITIG. 423 (2009)
1049-0280
http://hdl.handle.net/1794/10631
32 p.
This Article explores how the shifting mosaic of interests, reacting
to how the Endangered Species Act was implemented, crystallized into stark and
opposing narratives in the public imagination during the debates over
its reauthorization. This Article suggests that these narratives
polarized in reaction to provisions in the ESA that appeared either to
endanger nature or to abrogate property rights. This opposition of
interests between groups loosely aligned in favor of nature,
hereinafter the Environmentalists, and groups loosely associated to protect property rights, hereinafter the Rugged Individualists, led to
intense policy debate but little movement in decision making.
Focusing on appeals to different expertise, disparate case studies, and
divergent narratives, this Article examines the availability cascades,13
mechanisms by which a singular perspective repeated often enough
can become a widely held belief, that consolidated these opposing
groups and resulted in a stalemate over reauthorization. This
stalemate froze the ESA and has prevented its long overdue
reauthorization. While the stalemate keeps the legislation on a short
leash since it requires annual appropriations, something that suits each
side to a certain extent, the legislation fails to insulate private property
proponents or conservationists from longer-term decisions that would
undermine current investments. As a result, both sides have
attempted to bridge the divide. These stopgap measures succeeded in
undoing the stalemate in some place-based problem sets.
Nonetheless, the national debate remains in a deep freeze. Or does it?
en_US
University of Oregon School of Law
Journal of Environmental Law & Litigation : Vol. 25, No. 1, p. 423-454 : Reauthorizing the Endangered Species Act in Favor of Wildlife and Wild Lands: An Inevitable Result of Narrative Changes in Twenty-First Century America?
Reauthorizing the Endangered Species Act in Favor of Wildlife and Wild Lands: An Inevitable Result of Narrative Changes in Twenty-First Century America?
Article

Donegan, Bridget
2010-08-24T19:23:20Z
2010-08-24T19:23:20Z
2009
25 J. ENVTL. L. & LITIG. 455 (2009)
1049-0280
http://hdl.handle.net/1794/10632
40 p.
Part I of this Comment examines the Great Lakes Compact and its effect in
Michigan and Wisconsin. Part II provides background on the public
trust doctrine and its evolution in Michigan and Wisconsin, including
its scope, the obligations of the states as trustees, and the availability
of citizen standing to enforce the trust. Part III explains how the
Compact’s public trust is distinct from the states’ traditional public
trust doctrines. The Comment concludes that judicial recognition of a
distinct Compact trust, defined by the scope and purpose of the
Compact itself, will best reconcile the Compact’s purposes with
traditional state public trust doctrines.
en_US
University of Oregon School of Law
Journal of Environmental Law & Litigation : Vol. 25, No. 1, p. 455-494 : The Great Lakes Compact and the Public Trust Doctrine: Beyond Michigan and Wisconsin Common Law
The Great Lakes Compact and the Public Trust Doctrine: Beyond Michigan and Wisconsin Common Law
Article